Community Bank & Trust–West Georgia v. Stephen M. Jefferies

Summary

The United States District Court for the District of New Mexico orders Defendant Stephen M. Jefferies to file a citizenship disclosure statement under Federal Rule of Civil Procedure 7.1(a)(2). The order explains that alleging residency alone is insufficient to establish diversity jurisdiction and requires the notice within 14 days of the order.

Holdings

1. An allegation that a defendant resides in a state is insufficient by itself to establish the defendant's citizenship or domicile for purposes of diversity jurisdiction when the record contains no other proof indicating citizenship.
2. In a diversity action, the court may order a party to file a disclosure statement identifying its citizenship or domicile, and Defendant must file a statement complying with Rule 7.1(a)(2) within 14 days.

Questions Presented

1. Whether an allegation that a defendant resides in a particular state, without an allegation or other proof of citizenship or domicile, adequately establishes complete diversity jurisdiction under 28 U.S.C. § 1332(a).
2. Whether Defendant should be ordered to file a citizenship disclosure statement under Federal Rule of Civil Procedure 7.1(a)(2).

Disposition

other